Senseless and Wanton Blows Were Struck.

Star (Christchurch), Issue 18467, 19 May 1928, Page 2

Senseless and Wanton Blows Were Struck.

BUT WARDERS HAD HAD TRYING TIME. MAGISTRATE’S FINDING IN BORSTAL affair. Per Press Association. WELLINGTON, May 19. The finding of the inquiry into the allegations of brutal treatment of an escapee by Borstal officers was released by the Minister of Justice to-day. After reviewing the evidence, Mr Cruickshank, S.M., before whom the inquiry was held, said he thought that the estimate of the number of blows as given by the witness, Mr Baird, was en excusable mistake, otherwise the marks on the face would have been more severe and prominent, and Flanagan would have been knocked down. He found that Flanagan was struck once by each warder. The blow was hard enough for marks to be seen two days later. He was satisfied that Trimble took no part in the striking and was unaware of it. and nothing diat this officer did in any way detracted from his fine record. As to the warders, Kennedy and Robertson, it was easy, in the light of ‘ a *^ er events, from the office desk to now condemn them as guiltv of somewhat cowardly assault upon a youth who had surrendered to them,* who was in their power and could not retaliate, and who was weak from exposure and want of food. At the same time, an exaggerated anxiety about the sacred nature of the persons of inmates who escaped from a Borstal Institute have the effect of encouraging other inmates to run away, if a favourable opportunity offered. The conduct of the warders in striking Flanagan was wanton and senseless, but the blows were not in any way severe. Flanagan himself made light of the blows, evidently thinking., that he received only what he deserved. There was this to fce said for the warders. It was the third escape that month. They had been out three days in dreadful weather, and their tempers were frayed. The other escapee, Maxfield, had stolen a revolver and cartridges, and had not scrupled to point a loaded weapon at all who obstructed his passage. It was known that Flanagan had stolen a shotgun and the fear of his being armed made the warders stern in the manner of their arrest and search. Kennedy and Robertson were each ffuilty <rf a breach of discipline and the prison regulations in striking an unwarranted blow at a surrendered escapee. The warders had the excuse in mitigation that there was no evil intent behind their acts. Trimble was completely exonerated. The Magistrate said that it was not within his province to deal with the warders, but if permitted to make a suggestion, he thought that the whole inquiry had taught them a lesson and that a severe reprimand would meet the case.